I want to tell you a story about copyright. Last week, I had a lady also we’ll call her Jennifer, give me a call and she said, “Kevin, I would think I’ve received a copyright infringement action, could you help me?” And I said, sure, why don’t we talk about it.
And what she explained was that she had contracted to produce an article for a magazine and in that deal was a 1000 dollar charge, five hundred she get paid out on contract and five 100 she get paid out when the article posted. So she posted the articles, submitted it and this was denied. So get $500.00 for the original manuscript for the initial part of the contract and then she just went about her business. A couple of months later, she was in the bookstore, pulled the magazine down away from the shelf and there is the article of her. And so she was upset about that as well as gave me a call.
Well, the very first thing I asked her was – did she register the copyright of her and she said, no. And also this happens a great deal and what exactly happens next is a little something that ideally as a creative individual, you don’t ever get involved in. We have to speak about the difference between creating a righteous beef as well as the financial justification in enforcing that righteous beef simply because in her situation, if the contract is present and she hasn’t documented the copyright prior to the infringement happens, essentially what we are talking about is a difference in remedy and also the treatment for an unregistered copyright infringement, nevertheless, she is protected by a copyright law, the cures are not the same.
In this circumstance, she’s restricted to a single – an injunction, and that is essentially a court order to make it stop or even go to jail. These are typically handled when there is a continuing infringement, consequently if somebody was continually creating greeting cards relative to one that applied the picture of something that you did or if there were books being published that infringe the copyright of yours and that was continually occurring or even music or perhaps any of the items, the injunction makes it end.
Today, in the situation of her, the magazine which previously had been published, it is not likely to be published once again, therefore which makes it halt does not do her a great deal of good. The other thing is exactly what we call actual destroys. These days, actual damages are exactly what they claim. What harm truly occurred here? Now in the situation of her, when we we may certainly litigate as well as sue over this thing, but when we invested thousands and thousands of dollars to buy through Federal courts and acquire all the means to a jury or maybe a Judge stating, “Yup! That is an infringement.” She would be limited by the actual damages of her and in this case, some of those actual damages are going to be all of $500.00. Whatever they owe her on the backside of the agreement and in this scenario, she would have to pay for her own attorney’s fees.
Now, if she would’ve registered that copyright ahead of the infringement which caused most of $35.00 and also you are able to do it online at copyright, it will talk you simply about twenty minutes for $35.00. If she would have accomplished that, subsequently the difference could be that on the table are statutory damages, and they are anywhere from $750.00 completely around a 100 as well as 50 1000 dollars per infringement so you don’t need to be confined to just her 5 a 100 dollars and number two, attorney’s fees are on the dining room table.
Now, what meaning in training is that she will not have to fork out thousands and thousands of dollars and also be restricted to merely the contract amount of the infringement situation of her and she is likely to be made whole by the interning fees. So what happens is within this scenario, it is sensible for her to engage in a lawyer to send out a letter stating that you guys have infringed the copyright action here.
You are open to several considerable damages of statutory damages and you are likely to need to spend attorney’s charges and why don’t we settle this at this time for say 10 thousand dollars and in that situation, another side-this magazine would have taken the content and the draft and the letter to the in-house attorney of theirs or even to their attorneys and said, what’s our situation and those attorneys would have done an analysis and in this case, we will imagine that there was an infringement happening and come back as well as point out, yeah, you shouldn’t do that.
We need to be charged off the attorney’s fees right here before they get from hand and we have to pay off a bit of demand with a minimum of what the distinction in the contract was because we will get dinged for that and some added damages.